England and Wales Care Standards Tribunal

 


Gibson & Anor v Commission for Social Care Inspection [2004] EWCST 266(EA)_3 (12 July 2005)

BETWEEN

Mr. T Gibson and Mrs. L Gibson

And

The Commission for Social Care Inspection

(Cost Ruling)

[2004] 265.EA

[2004] 266.EA

Ruling Pursuant to Regulation 29(3)

On reading a letter from the Respondent's solicitors dated the 28^th June 2005, the Tribunal agrees to correct a mistake in the Decision dated the 21^st June 2005, pursuant to Regulation 29(3) of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2000.

At paragraph 52 of the Decision, reference was made to the Tribunal hearing lasting "some 9 days taking into account the day wasted in reading the statements." In fact the hearing lasted 10 days. As referred to in paragraph 3 the hearing was heard between the 20^th September 2004 and the 1^st October 2004.

Also in paragraph 52 it was stated that: "We consider that this was a case capable of being dealt with in 5 days had it been conducted reasonably by the Applicants".

On the basis of the hearing lasting 9 days the Tribunal ordered the Applicants to pay the costs for the length of time by which the hearing exceeded 5 days, in other words 4 days. As the hearing in fact lasted 10 days in total, there was a mistake in the Order which should provide that the Applicants should pay the costs of 5 days. Accordingly, the Order of the 21^st June 2005 will be corrected to provide that: "…in addition the Applicants are to pay half of the Respondents costs incurred between 20^th September 2004 and 1^st October 2004 …"

Stewart Hunter

Nominated Chairman of the Tribunal

Date: 12 July 2005